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The State of the European Union, 6Law, Politics, and Society$
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Tanja A. Börzel and Rachel A. Cichowski

Print publication date: 2003

Print ISBN-13: 9780199257409

Published to Oxford Scholarship Online: April 2004

DOI: 10.1093/019925740X.001.0001

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Guarding the Treaty: The Compliance Strategies of the European Commissio n

Guarding the Treaty: The Compliance Strategies of the European Commissio n

Chapter:
(p.196) (p.197) 9 Guarding the Treaty: The Compliance Strategies of the European Commission
Source:
The State of the European Union, 6
Author(s):

Tanja A. Börzel (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/019925740X.003.0009

Analyses the role of the European Commission as guardian of the European Treaty in ensuring compliance with EU law. The study shows that the Commission relies on four different compliance strategies, which include monitoring and (the threat of) sanctions (enforcement), capacity‐building and contracting (management), persuasion and learning, and legal internalization (litigation). National mobilized interests prove to be a key element to all four of these compliance mechanisms. Draws on a database compiled by its author to evaluate how effective the Commission is in bringing member states into compliance with EU law. The first part of the chapter develops a conceptual framework, and identifies the different compliance strategies used by the Commission; the second shows that the Commission uses all four compliance strategies; the third looks at the effectiveness of the Commission's compliance strategies; and the concluding section considers how the four strategies used may relate to one another.

Keywords:   capacity‐building, compliance, compliance strategies, contracting, effectiveness, enforcement, EU law, European Commission, EU, learning, legal internalization, litigation, monitoring, persuasion, sanctions

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